AT&T Says F.C.C. Neutrality Suggests a ‘Bait and Switch’

Policy and Law

You’ve got to hand it to AT&T. They don’t like Julius Genachowski’s plan to apply network neutrality rules to wireless networks, and they aren’t shy about saying so.

Mark Wilson/Getty Images Julius Genachowski

Not so for Verizon and Sprint, which declined to answer a direct question about whether they think wireless systems should be covered by net neutrality rules.

The current state of play is vague. In 2005, the Federal Communications Commission issued a broad policy statement for broadband networks, never specifying whether it applied only to wireline Internet service or to wireless service as well. On Monday, Mr. Genachowski, now the commission’s chairman, proposed expanding those principles, formalizing them into official rules and explicitly extending them to wireless networks.

(In typical Obama administration style, the commission has set up a site, OpenInternet.gov where the public can watch Mr. Genachowski’s speech and comment on the issue.)

In its statement, AT&T said it supported applying the existing four neutrality principles to wired networks, and is open to adding a fifth principle that would prevent companies from discriminating against certain services and applications on wired networks. But the company drew the line at wireless networks.

Wireless service doesn’t need regulation, AT&T argued, as it is a very competitive market. The company appears to be most concerned about rules that might force it to eliminate certain restrictions it has that limit how much data wireless customers can use. Wireless networks “are facing incredible bandwidth strains,” the company wrote, and “require continued private investment at very high levels, and pro-active network management.”

The company’s harshest words focused on the F.C.C.’s auction of wireless spectrum last year. One block, purchased by Verizon Wireless, specifically required the winner to open the frequencies to any device and application. AT&T bought other blocks of spectrum that had no such explicit conditions. In its statement today, the company noted “that unencumbered spectrum was sold for many billions more” than the spectrum Verizon bought.

For the F.C.C. to now place such requirements on that spectrum so soon after the auction creates the impression of a ‘bait and switch,’ and could raise questions about the fairness and integrity of the auction process itself.

The C.T.I.A., the wireless trade group, also raised significant reservations about the new rules. It said: “The commission is considering changing the rules after the auction — impacting companies’ confidence in the auction process — just as carriers are facing a brewing spectrum crisis.”

The two other large wireless companies, however, were much blander in their comments, perhaps in a move not to pick an early fight with their major regulator. Verizon said it supported the existing principles but wanted to avoid new regulations.

We believe that when the F.C.C. reviews the record and looks at the facts, it will be clear that there is no current problem which justifies the risk of imposing a new set of regulations that will limit consumer choices and affect content providers, application developers, device manufacturers and network builders.

The statement did not mention the distinction between wired and wireless networks, and a Verizon spokesman declined to discuss that issue. Sprint’s statement said even less, noting that the company supports an open Internet and looks forward to working with the commission. A Sprint spokeswoman declined to clarify those comments.

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You know what is bait-and-switch? Jacking up the data plan rate from $30 to $50 when going from an iPhone 1G to 3G, and not actually delivering the promised speeds (or worse).

This is a very good point, on which I think wireless companies will be lobbying heavily when the time comes. They paid good money for something very different from what seems to be in the works. However, I also think that the lack of competition in what is clearly a minopolistic cellular industry would prevent the consumer demand for an overall improvement in service from resulting in any significant change. They need to improve their infrastructure and services– bottom line. Bandwidth should not be an issue, especially in this day and age, and especially for the astronomical profit margins they’re so happily accepting from US consumers (far moreso than customers elsewhere in the world).

When will industries stop spinning that old yarn about competition negating the need for regulation? It’s an especially mephitic argument when put forth by AT&T, a company which required the full force of the U.S. government to break its stranglehold on the nation’s communication network. And what about price fixing? Today, even with open competition between several major communication firms, prices don’t differ much from one to another.

If AT&T doesn’t like it, that’s a very good sign.

But they don’t dislike it enough, so I’m concerned.

First off, I am concerned about the idea that any kind of “traffic shaping” should be allowed by any isp whatsoever…

Secondly, I’m very concerned that the new rules may codify isps’ ability to charge premium prices to give preferential treatment to certain websites and applications.

In my humble opinion, I think that the infrastructure of the internet, just like the national highway system, should not be able to be privately owned, but should be part of the country’s national information infrastructure. I don’t think any corporation should be able to be in the business of running cables and also providing any kind of online service or information service. the conflict of interest is in direct conflict with the public’s interest in neutrality.

AT&T has it backwards, too, regarding “unencumbered spectrum.”

Unencumbered means that no company can limit what applications and devices use the network. the only at least partially unencumbered spectrum is the neutral spectrum Verizon got.

It would be truly unencumbered, of course, if there were no network provider to watch over the public’s use of the spectrum. that way there could be all sorts of interesting new network devices invented that build up an infrastructure that completely circumvents the very concept of some kind of provider. of course that would be at&t’s worst fear ever, and the best thing for the public possible.

Public airwaves, privately owned licenses, 5GB limits on the amount of data one can use through wireless broadband, unlimited data use plans for certain devices used on certain networks, supposedly logjammed broadband networks, far less expensive data plans in far more crowded nations, and finally, new, data-hungry devices like Apple’s iBook coming soon to networks already radiating around you. One wonders if government regulators are merely trying to find a purpose by appearing to chase after electronic thoroughbreds long escaped from the barn. Just as the SEC has suddenly developed interest in the financial stallions that have galloped freely down Wall Street for decades. Even the belated fines imposed on violators never seem to quench the thirst bureaucrats have for more cash to spend hunting ghosts.

I sincerely hope that the FCC is able to apply network neutrality so that the wireless service providers are finally turned into what they should have been all along — mindless providers of bandwidth with no say whatsoever over the devices that are used to access that bandwidth and no say whatsoever over what the consumer is allowed to do with their allocated bandwidth.

Currently we all have to suffer with the inflated prices and lower quality that are the result of the abusive collusion of the wireless provider oligopoly.

As an example AT&T wants to be able to charge its subscribers as much as $180/year to locate other subscribers with their FamilyMap plan, but Google created Latitude for the iPhone that promised to do the same thing (only better actually) and they wanted to do it for FREE!! How do you deal with a competitor who is offering something superior for a better price? Simple, you abuse your oligopoly status and simply ban it from any phone accessing your service.

Verizon wants you to to give them money if you access the internet. But what about phones that have WiFi? WiFi will allow a consumer to bypass Verizon to access the internet — simple, Verizon simply bans WiFi from all of their phones. Problem solved!! (Recently Verizon has “acquiesced” and will offer some phones with WiFi, but you will literally be forced to purchase a data plan if you want to acquire one).

Text messages effectively take up no bandwidth and cost NOTHING to transmit, but all of the major wireless carriers “coincidentally” simultaneously raised their rates for text messages to $0.20 to send and $0.20 to receive a text (that’s works out to $0.40 of pure profit per text). The Mafia could not have done a better job if they were in charge of the wireless providers (maybe they are??).

These abuses are just the tip of the iceberg. With fully implemented network neutrality the wireless providers would have as much control over what phone you use and what you transmit over the phone as internet service providers currently have over what computer you buy and what you use your internet connection for.

The wireless service providers argue against “regulation”. I also argue against regulation — I argue that network neutrality be applied so as to once and for all wipe out the abusive regulations imposed by the wireless providers over the devices we use to access their bandwidth and their abusive regulation over what we can use that bandwidth for.

Is AT&T forgetting it’s own iphone bait and switch? $30/month+2year contract with 0 bars everywhere.

Yeah, well it’s also not fair that AT&T is limiting access to the best cell phone on the planet (iPhone) even as it greedily oversells a weak network to a point that more than a few customers apparently cannot actually obtain the full services for which they pay. Clearly, AT&T’s 3G network hasn’t been sufficiently modernized for the smartphone era.

I may be one of a few, relatively happy AT&T customers, as our 3G service is pretty good in Sacramento, California (although it’s been terrible when traveling to other cities. Given AT&T’s lackluster nationwide performance, even I believe the cellular industry needs stronger regulation. Remember the crippled, unimaginative and limited cell phones we had BEFORE Apple forced change with a compelling new device? But let’s not blame AT&T alone. For years, Verizon has tried to take unfair advantage of consumers as well — by crippling phone features to charge exorbitant fees for data services.

Like the cable TV industry, the cell phone industry needs some common sense regulations that will expand competition on price and services as well as nurture growth and customer choice. The current free-market system isn’t getting it done in either industry. For starters, separate the delivery systems from content and devices. And for God’s sake, the government must define and enforce net neutrality standards. Didn’t we just learn something from the banking industry about an under-regulated “free market?”

As for AT&T’s argument that the company purchased “unencumbered spectrum,” well— that’s a hoot. AT&T customers also have been purchasing 3G service the company has not been able to fully deliver. When a company gets greedy AND starts playing fast and loose with the rules (their contracts), it should expect its customers — and the government — to push back.

Inclusion of Wireless,

It is or should be engineered to be one data transport fabric. 4G/LTE is all based on IP based transport, so the extension to wireless networks is rational.

Makes for an interesting discussion on spectrum policy and whether those building NGA should not be asked to create a single open infrastructure fixed and mobile to deliver 24×7 bit commons.

The transmission spectrum should have not have been sold — it was obvious from the start that the market would consolidate into an oligopoly. Now we are force-fed a lie that the current owners have provided the best possible service (because they are some incarnation of the “free” market), but overcharge us for service that is often poor and quite overpriced. There were far better market-mechanisms that could have provided the American public with better service, but our foolish faith in the one-true economic religion now gives us a great profit-center for a few greedheads.

Correct me if I’m wrong, but don’t the contracts we sign with at&t, Verizon, etc, contain the line ‘subject to change without notice?’ Also, since all costs are passed on to consumers anyway, why are they worried?

AT&T’s complaint — right or wrong — underlines one of the weaknesses of the spectrum auction process: it confers a sense of ownership on the winner who has paid literally billions for what amount to highly restricted lease rights but the actual rights of ownership and control of that spectrum remains in public hands (in this case, represented by the FCC).

At the end of the day, of course, AT&T’s thesis is flawed: the level of competition in the wireless marketplace is laughably weak. Two companies control the vast majority of the retail access. Prices are in lock-step. Loss-leader handsets electronically prohibited from making maximum use of the phone’s capabilities predominate. This is competition?

Well, just by the shear fact that AT&T is against net neutrality for wireless broadband tells me that the FCC proposal must be good for consumers, good for the internet and good for innovation. Historical actions say that AT&T, when left to their own devices, will pursue actions that are anti-competitive and anti-consumer.

AT&T, Verizon, Sprint, and T-Mobile stand in the way of innovation. The entire government, not just the FCC, should do what it takes to make owners of wireless spectrum simple internet bandwidth providers.

Whether it’s a monopoly on wires or the limited spectrum on airwaves, the service companies have no moral ground for discrimination of content or who can connect. They have every right to charge for amount of use, buy exclusive access to products like the iPhone, and charge for services.

What remains to be worked out is how to fairly allocate space on my data pipe to carrier companies who all want to exclude their competitors. A monopoly talking about keeping markets “free” is just misdirection.

“…Somewhere, in a dark room, a shimmering holographic image of Eric Schmidt looks out at a kneeling Genachowski.

Schmidt: “You have done well my apprentice…”

@Link

“… I sincerely hope that the FCC is able to apply network neutrality so that the wireless service providers are finally turned into what they should have been all along — mindless providers of bandwidth with no say whatsoever over the devices that are used to access that bandwidth and no say whatsoever over what the consumer is allowed to do with their allocated bandwidth….”

They built the damn networks. They spent billions building those networks. Who the hell are you to tell them what they can and cannot do with them?

Typical mindset of the day.

AT&T has a long history of making wrong decisions that resulted in birth of numerous companies to serve the customers wishes and demands.

AT&T does not believes in “the customer is always right”, “give the customer what they wants” rather in its world domination ideology – i.e. AT&T World Net, AT&T World – who came with those names maybe doctor evil from Austin Power movie.

The regulator is obliging the public thirst for more data, if that is very hard for AT&T to realize, [those CEO and white collars in AT&T better be apprentices in a wedding halls – and learn from the caterers how they forecast and account to provide extra food and beverages to the customers and make the customers happy] obviously customers satisfaction is not a priority of AT&T.

AT&T with this posturing against the regulators may cost its retention of its customers [maybe when Apple iphone exclusive contract expires, Apple would think twice signing again with AT&T] – maybe a new company will be created to cater to customers wishes and demands.

Comment #1 said, “You know what is bait-and-switch? Jacking up the data plan rate from $30 to $50 when going from an iPhone 1G to 3G, and not actually delivering the promised speeds (or worse).”

I would point out, that one, you were not forced to upgrade from the EDGE iPhone to the 3G one. Two, the data plans were not $30 or $50. The EDGE data plan was $15 plus $5 for 200 SMS msgs, $20 total. The 3G data plan was double, $30, and SMS was optional. And three, 3G is much faster than EDGE. As we all know, all carriers promise “up to” speeds. They never promise minimums as those depend upon lots of things like congestion, distance from tower, etc.

While AT&T has had its fair share of problems, I don’t think people realize how big an effect the iPhone had upon their network. If the iPhone had been on any other network, the very same congestion problems would have occurred. The very success of the iPhone has led to customer dissatisfaction. It’s not as if AT&T hasn’t spent billions in the last 3 years building out their network.

And, to be completely fair, I have to say AT&T customer service and billing have been the best from a wireless carrier that I could ever imagine. My experience with other carriers have been brutal. AT&T has been shockingly good.

I am quite certain at&t is able to recognize bait and switch when they see it, as they have hands down written the rule book on it. I have personally witnessed a disgusting number of ‘bait and switch’ schemes from them over the years under the ‘at&t is allowed to change the rules whenever we want’ clause in your contract. Funny that at&t should cry foul at the mere suggestion of something remotely similiar happening to them!

@TheloniousMac:

No, we built the networks. We paid for the basic research, allowed passage through our properties, and directly and indirectly supported AT&T as it gobbled up the remnants of Ma Bell. “Who the hell are we?” We’re the people that own the pipes. And since it’s our network, we get to draw a line in the sand and say that just because AT&T could make a lot more money if they charged extra for their competitor’s traffic doesn’t mean we should let them.

I think Google should have bought the spectrum and then have companies pay a license fee to use it. It was the only real way of keeping wireless internet open. Verizon promise to abide by the rules when they purchase the spectrum but I am sorry to say I don’t trust them. They are all out to make money and stifle the competition. What ever happen to the “Pledge of Allegiance “ Liberty Freedom and Justice for all. I certainly don’t feel free with the selection of phones I’m limited to or even try to install programs of my choice on my PDA. Verizon block so many features that I just decided to block the internet and just use it as a phone, if they cannot give me what I want then I refuse to give them what they want. Thanks God I didn’t buy the BlackBerry because I heard with those it’s like the iPhone I would have to get the internet with it and there would be no if, and or buts about it.

iPhone or not, i’m ditching AT&T the second my contract is up!

As Lily Tomlin said, “We’re the Phone Company. We don’t have to care.”

att nickel and dimes the customer for each and every little add on service, games, tethering, etc., not to mention the fortune that all of the providers make from text messaging.